Dating During Divorce

April 12, 2023

A common issue during and even after divorce is the introduction of children to a new significant other. This can be a very emotional issue for clients, who are navigating the dissolution of the marriage while having to deal with a new third party in the mix, but equally frustrating for those who are just trying to move on with their lives.

Whether a party will be able to have a significant other around the children depends on a variety of factors. However, as common as the concern may be about exposing the children to new partners especially during the divorce, it is very rare for a Court to restrict significant others from being around the children absent harm or potential harm to the children.

The DeVita Restraint: History

While nowadays New Jersey Courts typically do not restrict a significant other from being around the children, New Jersey Courts do still have the power to enter such a restriction one or both parties—a scenario commonly referred to as a “DeVita restraint.”

In the 1976 case of DeVita v. Devita, the Appellate Division agreed with a trial court when it did not allow the husband/father to have overnight visits with his girlfriend in the presence of his children. The mother/wife argued that the children’s moral welfare could be endangered if the kids were to witness overnights with dad and his new girlfriend.

While the Court did not actually rule on whether it was morally wrong for the children and the new girlfriend to be under the same roof at night, it nonetheless found that the court was not wrong in forbidding it.

But that was then, and this is now. The DeVita decision is nearly half a century old, and while it continues to be cited in support of arguments to restrict significant others from being around children, the case law has changed as societal norms evolve.

Speak to an Attorney Today

While the courts still can and do impose DeVita restraints, it is not nearly as common as it was years ago. At Rigden Lieberman, our attorneys can help you navigate these pre- and post-divorce issues. Contact us today.

By Ronald G. Lieberman

Ronald G. Lieberman is a seasoned attorney with nearly 25 years of experience in all aspects of family/matrimonial law including divorce, child custody, child support, alimony, domestic violence, equitable distribution, college expenses, marital settlement agreements, high-end family and matrimonial litigation, and appellate matters before the Appellate Division.

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Do yourself a favor and hire Alexandra
Alexandra came as a recommendation from an attorney friend and she was spot on. Alexandra kept me informed through every step of the process during such a difficult time in my life. She explained things in detail and always had my best interest in mind, even when I may not have realized it. As my title says, do yourself a favor and hire Alexandra.
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Alexandra is by far the best lawyer I retained. She did not waste anytime with me or try and drag out the situation for more money. Straight and to the point. Alexandra knows the facts that count for your case and is prepared and ready to fight every inch for you. She also is passionate and listens to you in completely so she can better understand what you are going through. I absolutely recommend Alexandra Kardon Rigden for family law or a DV case.
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